Please keep your e-mail address up-to-date at iWebPhoto to receive important information regarding this agreement and your photos.
iWebPhoto’s mission is to provide a family-friendly website for members to share online photo albums and slide-shows, and to provide members a convenient area for storage of images for linking to external websites. iWebPhoto offers either paid or free memberships.
Free Membership Requirements In order to retain your free online photo album you must:
- Log into iWebPhoto at least once per month
- Add photos to your album within 1 month of signing up
- Visit our sponsor websites regularly
Your free account will be terminated, and your free photos will be permanently removed without notice if you do not meet all of these requirements in the Free Membership.
- iWebPhoto ("the site") and its owners W3Now Web Design, Inc. ("W3Now"), collectively "iwebphoto", are not responsible for your photo files at any time. It is your responsibility to save copies of your photo files prior to uploading. iWebPhoto cannot guarantee the "safety" or the availability of your photo files while being uploaded to the site, or at any time after residency on the site.
- Photo files on the site are not secure from copying by users of iWebPhoto, in fact, your potots are available for public viewing, linking and copying by any iWebPhoto member or site visitor.
- Only .jpg and .gif files are allowed for upload. Other file types are not accepted. Attempting to upload other file types will result in immediate account termination, with no refund.
iWebPhoto requires a license to your User Content so that it can host your images and other User Content on its servers and otherwise perform the Services. This license is temporary and will terminate once you remove your User Content from Services. Accordingly, in connection with your use of the Services, you grant to iWebPhoto a temporary, universal, non-exclusive, royalty-free, transferable license to: use, copy, modify, print, and display any User Content only as necessary to perform the Services and to distribute your User Content in instances where you have (i) made your album public (default for free accounts), (ii) posted a link to your album or User Content on another website or (iii) otherwise shared a link or the password to your album or User Content.
iWebPhoto attempts to maintain a website that is absent of offensive, indecent or objectionable content. You understand that by using iWebPhoto, you may be exposed to this content. Under no circumstances will iWebPhoto be liable in any way for any User Content, including, but not limited to, the subject matter of any User Content, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via iWebPhoto. We ask that you help keep iWebPhoto a family oriented site by reporting objectionable photo content to iWebPhoto using the provided links.
Service Restrictions on the use of the Services
By using the Services you agree that you will not:
- Use the Services for any illegal purpose.
- Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. iWebPhoto does not control User Content of users' accounts and does not have any obligation to monitor such content for any purpose, however, iWebPhoto may chose to monitor such User Content any time in its sole discretion. You acknowledge that you are solely responsible for all content and material you provide to the Service.
- Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or User Content that would violate the right of privacy or publicity of any public or non-public persons.
- Upload, e-mail or otherwise transmit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", .pyramid schemes", or any other form of solicitation.
- Upload, email or otherwise transmit any User Content that includes code hidden or otherwise contained within the images or video of any content unrelated to the image or video, such as .mp3, .wav, or other music files hidden within the file structure of the image or video.
- Upload, email or otherwise transmit any User Content that is for the promotion of products or services through direct advertisements for the purpose of commercial profit, without, first attaining the permission of iWebPhoto. This includes, but not limited to, email spam and banner advertisements.
- Use the Services in any way for the furtherance of a commercial enterprise. To be clear, individual use for classified advertisements or auctions, for sites like Craigslist and Ebay are permitted, however, people or enterprises that derive a significant portion of their income from such pursuits may not use the Services for such purposes.
- Permit any third parties to use your account for their own behalf. For example, you may not encourage others to use your iWebPhoto account for their images OR use the Services to host images which you encourage others to paste on third party sites. Your use of the Services should be limited solely on your own behalf; or
- Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at www.iWebPhoto.com, and all linked pages (the .Site.) or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
Age Requirements and Limitations on Use of Services
Users of the Services must be at least 13 years of age.
Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by iWebPhoto. If iWebPhoto determines that it has collected personal information of children under the age of 13, iWebPhoto will immediately delete such information.
Trademarks and Copyrights
All trademarks, brands and service marks used in conjunction with the Services by iWebPhoto shall be the property of iWebPhoto and W3Now. iWebPhoto and W3Now shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the site for the viewing and storage of your images at iWebPhoto. This license does not apply to any third party images stored at iWebPhoto. Permission for use of such content must be obtained from the copyright owner. iWebPhoto claims no ownership interest in the images posted by you at iWebPhoto.
iWebPhoto respects the intellectual property rights of others. However, you agree that iWebPhoto is not responsible for any violations of any intellectual property rights in any images or content posted to iWebPhoto. You understand that by using these Services that your images will be publicly available to others for viewing, linking and copying, and that iWebPhoto has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your images. If you believe that your intellectual property rights have been infringed by another party please contact iWebPhoto at
17011 Lincoln Ave. Suite 610 Parker, CO 80134. Please provide:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Upon receiving your complaint, iWebPhoto may, in its sole discretion, remove content that you believe infringes your copyright. In addition, iWebPhoto may terminate the account of the user who appears to be infringing your intellectual property rights.
Disclaimer of Warranty and Limitations of Liability
iWebPhoto expressly disclaims any responsibility or liability for the use of the Services by you. iWebPhoto also disclaims any and all responsibility or liability for:
- the accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this site.
- the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
- any harm resulting from downloading, or accessing any information or material through the site.
THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU, THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL iWebPhoto BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF iWebPhoto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Forum and Choice of Law.
Member and Visitor Responsibilities
Free Membership Account Requirements
- You must add some photos to your album within 1 month of signing up
- You must log into iWebPhoto least once per month
- You must visit our advertisers websites regularly
Your free account will be removed without notice if you do not meet all of these requirements.
- Members and other visitors are responsible for making back-up copies of photos prior to uploading them to the iWebPhoto site. iWebPhoto is at no time responsible for any photo files.
- Members and visitors are responsible for using the site as indicated, and for it's intended purposes only.
- It is very important to use a complex password to keep hackers from getting into your photo website. Always use a password containing special characters like: $%@!~^, numbers and letters
- Anyone attempting to use the site outside of its intended purpose or to perform malicious, site-breaking or hacking activities will be removed and banned from the site with no membership refund. Legal action will be taken by iWebPhoto for such activities.
- Members or visitors attempting to upload files of a different format than .jpg or .gif will be immediately banned from the site with no membership fee refund.
- Members and visitors are required to use the site for G-rated photograph content and family-friendly activities. Pornographic or hate activity, will result in immediate account termination without a refund. iWebPhoto has sole discretion.
Before you purchase a membership at iWebPhoto, we ask that you first take advantage of our Free Membership.
This will help you determine whether iWebPhoto meets your needs and expectations. It will also help you determine whether your computer configuration and browser settings are compatible with the iWebPhoto site.
Please also review the following information:
- Return Policy: The Return Policy is designed to help you understand our policy on refunds.
- Affiliate Program Terms This Affiliate Program terms are designed to help you understand how the affiliate program works, and your responsibilities in the program.